Commercial Disputes

Messerli Kramer’s Business Litigation group offers a full suite of commercial litigation services. Our attorneys routinely handle matters involving enforcement and defense of complex commercial contracts and litigation of business torts, such as fraud and defamation. Our litigators provide zealous advocacy and representation inside the courtroom and at the bargaining table. We have represented companies and individuals in a variety of industries including banking, manufacturing, franchising, commercial real estate, retail, and technology. With significant experience before juries and judges in federal and state courts, appeals, and arbitration panels, we work with clients to minimize risk and find the right legal strategies to suit their needs.

Representative Experience

• Represented bank on $2 million note and guarantees; obtaining summary judgment against borrower and two guarantors while settling with third guarantor on eve of trial. M& I Marshall and Ilsley Bank v. PureChoice, Inc.

• Obtained $600,000 judgment on defamation claim after three and a half day jury trial—before punitive damages phase—settling case for $850,000. Taylor v. Feltl and Co.

• Represented life insurance agent against multi-million dollar defamation and interference with business relationship claims; obtaining motion for judgment as a matter of law after sixth day of FINRA arbitration. Anderson v. Brannan

• Represented City of St. Paul in $5 million action alleging defective glass roof; obtaining favorable jury verdict after seven day jury trial. Town Square Realty, LLC v. City of St. Paul.

• Represented 135 plaintiffs in breach of contract and fraud claims arising out of currency arbitrage Ponzi scheme venued in Minnesota Federal District Court; obtaining temporary restraining order and preliminary injunctions, freezing assets of defendants and leading to the appointment of receiver and SEC/CFTC enforcement actions. Phillips, et al. v. Oxford Global Advisors, et al.

• Defended equipment lessor in breach of contract, fraud and misrepresentation lawsuit venued in Federal District Court, Minneapolis Division; obtaining court dismissal of claims. The National Bank v. First Premier Capital, LLC.

• Represented Minnesota company in breach of contract and fraud litigation originating in Minnesota state court; obtained resolution in United States Bankruptcy Court through an agreement for the entry of a non-dischargeable judgment.

• Represented communications company in lease dispute litigation against municipality; obtaining award for summary judgment declaring the subject lease term valid and enforceable with an award for recovery of attorney’s fees and costs.

• Defended national franchisor against $14 million dollar litigation commenced by former franchisee.

Professionals

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